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PICKENS v. HOWES

Nos. 07-1266, 08-1264.

549 F.3d 377 (2008)

James A. PICKENS, Petitioner-Appellee, v. Carol R. HOWES, Respondent-Appellant. James A. Pickens, Petitioner-Appellant, v. Carol R. Howes, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2008.

Attorney(s) appearing for the Case

ARGUED: Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Petitioner. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Respondent. ON BRIEF: Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Petitioner. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Respondent.

Before: BOGGS, Chief Judge; and COLE and COOK, Circuit Judges.

OPINION

BOGGS, Chief Judge.

While in jail on concealed-weapon and automobile-theft charges, James Pickens pleaded guilty in 1981 to prison escape and second-degree murder. See MICH. COMP. LAWS § § 750.193, 750.317. Under the terms of his plea agreement, the escape and murder sentences were to be served concurrently with one another and consecutively with his earlier sentence. Unbeknownst to the defendant, prosecutors, or the court, Michigan...

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